Legal Question in Credit and Debt Law in New York
civil suit
I lent $10,000.00 to a family member with only a verbal agreement as to paying back the money. They made 2 payments and defaulted. I'm out $8000.00 I believe. What are my civil recourses to getting them to pay the money?
2 Answers from Attorneys
Re: civil suit
You have an evidentiary problem. The fact that they paid back $2000 (WHICH YOU HAVE TO PROVE) does not necessarily mean that they owe you the balance....but it helps. TRY to get them to admit the funds were loaned...that would help to prove they owe the balance.
Re: civil suit
In many instances Oral agreements are also enforceable at laws. It depends on the facts. The problem is that it is a he said/she said scenario. Do you have any other documentation to establish the debt? How were payments made? What did it say on the check? (This does not constitute legal advise, and no attorney client relationship has been formed.)
Feel free to contact me directly at [email protected]